Legal Question in Intellectual Property in North Carolina

precedence for insufficient bond in an intellectual property case

Need to know if any case law in any state for increasing bond when an insufficient amount was initially established during an injunction hearing. I am the defendant in an intellectual property lawsuit for millions of dollars (>4 years no trial yet) (patents; no agreement).


Asked on 5/08/98, 9:56 am

1 Answer from Attorneys

I doubt you need precendent for this.

This is not the kind of issue that requires precedent.

Injunctions are issues of equity (as opposed to law) in a very general history-of-law sense. Moreover, the amount to be set is a question of fact, not an interpretation of law.

The judge who gave you the first bond can be asked to set ithigher or his decision can be appealed (usually) to a highercourt if he denies it.

Surely you have a lawyer helping you with this ... what does s/hesay?

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 6/02/98, 11:24 am


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